Amendment JR2 ASA1-AB1

AB1-ASA1,151,7 (h) For the purpose of determining the amount of the payment under par. (b), the name-plate capacity associated with a production plant under construction shall be attributed to the municipality in which the production plant is located based on the percentage of construction completed on December 31 of the year prior to the year of a distribution under this subsection, as determined by the department of revenue.

AB1-ASA1,151,12 (i) The total amount of the combined payments distributed to a municipality and county under par. (b) may not be less than the amount of the combined payments the municipality and county would have received on the value of production plants, exclusive of substations, under s. 79.04, 1999 stats., in 2004, provided such production plants remain in operation.

AB1-ASA1, s. 249d Section 249d. 79.04 (7) of the statutes is created to read:

AB1-ASA1,151,21 79.04 (7) (a) Beginning with payments in 2004, if a production plant, as described in sub. (6) (a), other than a coal-powered or nuclear-powered production plant, is built on the site of, or on a site adjacent to, an existing or decommissioned production plant or on, or on a site adjacent to, brownfields, as defined in s. 560.13 (1) (a), after January 1, 2003, and is operating at a name-plate capacity of at least 50 megawatts, each municipality and county in which such a production plant is located shall receive annually from the public utility account a payment equal to the amount determined as follows:

AB1-ASA1,151,23 1. If the production plant's name-plate capacity is at least 50 megawatts but is no more than 100 megawatts, $45,000.

AB1-ASA1,151,25 2. If the production plant's name-plate capacity exceeds 100 megawatts but is no more than 200 megawatts, $90,000.

AB1-ASA1,152,2 3. If the production plant's name-plate capacity exceeds 200 megawatts but is no more than 400 megawatts, $180,000.

AB1-ASA1,152,4 4. If the production plant's name-plate capacity exceeds 400 megawatts but is no more than 600 megawatts, $300,000.

AB1-ASA1,152,6 5. If the production plant's name-plate capacity exceeds 600 megawatts, $420,000.

AB1-ASA1,152,13 (b) Beginning with payments in 2004, if a production plant, as described in sub. (6) (a), that is coal-powered is built on the site of, or on a site adjacent to, an existing or decommissioned production plant or on, or on a site adjacent to, brownfields, as defined in s. 560.13 (1) (a), after January 1, 2003, and is operating at a name-plate capacity of at least 50 megawatts, each municipality and county in which such a production plant is located shall receive annually from the public utility account a payment equal to the amount determined as follows:

AB1-ASA1,152,16 1. If the production plant's name-plate capacity is at least 50 megawatts but is no more than 100 megawatts, $90,000 to the municipality and $45,000 to the county.

AB1-ASA1,152,19 2. If the production plant's name-plate capacity exceeds 100 megawatts but is no more than 200 megawatts, $180,000 to the municipality and $90,000 to the county.

AB1-ASA1,152,22 3. If the production plant's name-plate capacity exceeds 200 megawatts but is no more than 400 megawatts, $360,000 to the municipality and $180,000 to the county.

AB1-ASA1,152,25 4. If the production plant's name-plate capacity exceeds 400 megawatts but is no more than 600 megawatts, $600,000 to the municipality and $300,000 to the county.

AB1-ASA1,153,2 5. If the production plant's name-plate capacity exceeds 600 megawatts, $840,000 to the municipality and $420,000 to the county.

AB1-ASA1, s. 250 Section 250. 79.05 (2) (intro.) of the statutes is amended to read:

AB1-ASA1,153,5 79.05 (2) (intro.) A Ending with the distributions in 2002, a municipality is eligible for a payment under sub. (3) if it fulfills all of the following requirements:

AB1-ASA1, s. 251 Section 251. 79.05 (7) of the statutes is created to read:

AB1-ASA1,153,8 79.05 (7) Beginning in 2003, no municipality may receive a payment under this section.

AB1-ASA1, s. 252 Section 252. 79.058 (1) of the statutes is amended to read:

AB1-ASA1,153,13 79.058 (1) Each Ending with the distributions in 2002, each county is entitled to a mandate relief payment equal to the per person distribution under sub. (2) times the county's population for the year in which the statement under s. 79.015 is provided as determined under s. 16.96 (2).

AB1-ASA1, s. 253 Section 253. 79.058 (3) (d) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,153,17 79.058 (3) (d) In 2002, $20,971,400, less amounts paid from the appropriation account under s. 20.855 (4) (rb).

AB1-ASA1, s. 254b Section 254b. 79.058 (3) (e) of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1-ASA1, s. 255 Section 255. 79.058 (4) of the statutes is created to read:

AB1-ASA1,153,22 79.058 (4) Beginning in 2003, no county may receive a payment under this section.

AB1-ASA1, s. 257 Section 257. 79.06 (3) of the statutes is created to read:

AB1-ASA1,153,25 79.06 (3) Sunset. Beginning in 2003, no municipality or county may receive a payment under this section.

AB1-ASA1, s. 259 Section 259. 86.192 (4) of the statutes is amended to read:

AB1-ASA1,154,4 86.192 (4) Any person who violates this section shall be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class H felony if the injury, defacement or removal causes the death of a person.

AB1-ASA1, s. 259r Section 259r. 93.07 (10) (a) of the statutes is repealed.

AB1-ASA1, s. 259s Section 259s. 93.07 (10) (b) of the statutes is renumbered 93.07 (10) and amended to read:

AB1-ASA1,154,17 93.07 (10) Animal health; quarantine. To protect the health of domestic animals of the located in this state ; and of humans residing in this state and to determine and employ the most efficient and practical means for the prevention, suppression, control, and eradication of communicable diseases among domestic animals, and for. For these purposes it, the department may establish, maintain, enforce, and regulate such quarantine and such other measures relating to the importation, movement, and care of animals and their products, the disinfection of suspected localities and articles, and the disposition of animals, as the department may deem determines are necessary. The definition of "communicable disease" in s. 990.01 (5g) does not apply to this paragraph subsection.

AB1-ASA1, s. 260 Section 260. 93.29 of the statutes is repealed.

AB1-ASA1, s. 260p Section 260p. 95.65 of the statutes is created to read:

AB1-ASA1,154,21 95.65 Intrastate transportation of white-tailed deer. (1) In this section, "cervid" means a member of the family of animals that includes deer and moose.

AB1-ASA1,154,24 (2) The department shall impose the same requirements on the intrastate transportation of white-tailed deer that it imposes on the intrastate transportation of other cervids.

AB1-ASA1, s. 261 Section 261. 97.43 (4) of the statutes is amended to read:

AB1-ASA1,155,3 97.43 (4) Whoever violates this section may be fined not less than $500 nor more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB1-ASA1, s. 262 Section 262. 97.45 (2) of the statutes is amended to read:

AB1-ASA1,155,7 97.45 (2) Whoever violates this section may be fined not less than $500 nor more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB1-ASA1, s. 263 Section 263. 100.171 (7) (b) of the statutes is amended to read:

AB1-ASA1,155,13 100.171 (7) (b) Whoever intentionally violates this section may be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony. A person intentionally violates this section if the violation occurs after the department or a district attorney has notified the person by certified mail that the person is in violation of this section.

AB1-ASA1, s. 264 Section 264. 100.2095 (6) (d) of the statutes is amended to read:

AB1-ASA1,155,17 100.2095 (6) (d) A person who violates sub. (3), (4) or (5) may be fined not less than $100 nor more than $1,000 $10,000 or imprisoned for not more than one year 9 months or both. Each day of violation constitutes a separate offense.

AB1-ASA1, s. 265 Section 265. 100.26 (2) of the statutes is amended to read:

AB1-ASA1,155,21 100.26 (2) Any person violating s. 100.02 shall be fined not less than $50 nor more than $3,000 or imprisoned for not less than 30 days nor more than 4 years and 6 months or both is guilty of a Class I felony.

AB1-ASA1, s. 266 Section 266. 100.26 (5) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,156,3 100.26 (5) Any person violating s. 100.18 (9) shall may be fined not less than $100 nor more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both. Each day of violation constitutes a separate offense.

AB1-ASA1, s. 267 Section 267. 100.26 (7) of the statutes is amended to read:

AB1-ASA1,156,9 100.26 (7) Any person violating s. 100.182 shall may be fined not less than $500 nor more than $5,000 $10,000 or imprisoned for not more than 2 years 9 months or both for each offense. Each unlawful advertisement published, printed or mailed on separate days or in separate publications, hand bills or direct mailings is a separate violation of this section.

AB1-ASA1, s. 268 Section 268. 101.10 (4) (b) of the statutes, as created by 2001 Wisconsin Act 3, is amended to read:

AB1-ASA1,156,15 101.10 (4) (b) Except as provided in par. (c), any person who violates sub. (3) may be fined not more than $10,000 or imprisoned for not more than 3 years and 6 months, or both, for each violation is guilty of a Class I felony. Notwithstanding s. 101.02 (12), each act in violation of sub. (3) constitutes a separate offense.

AB1-ASA1, s. 269 Section 269. 101.143 (10) (b) of the statutes is amended to read:

AB1-ASA1,156,20 101.143 (10) (b) Any owner or operator, person owning a home oil tank system or service provider who intentionally destroys a document that is relevant to a claim for reimbursement under this section may be fined not more than $10,000 or imprisoned for not more than 15 years or both is guilty of a Class G felony.

AB1-ASA1, s. 270 Section 270. 101.9204 (2) of the statutes is amended to read:

AB1-ASA1,156,24 101.9204 (2) Any person who knowingly makes a false statement in an application for a certificate of title may be fined not more than $5,000 or imprisoned for not more than 5 years or both is guilty of a Class H felony.

AB1-ASA1, s. 271 Section 271. 101.94 (8) (b) of the statutes is amended to read:

AB1-ASA1,157,4 101.94 (8) (b) Any individual or a director, officer or agent of a corporation who knowingly and wilfully violates this subchapter in a manner which threatens the health or safety of a purchaser shall may be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.

AB1-ASA1, s. 272 Section 272. 102.835 (11) of the statutes is amended to read:

AB1-ASA1,157,11 102.835 (11) Evasion. Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized under this section with intent to evade or defeat the assessment or collection of any debt may be fined not more than $5,000 or imprisoned for not more than 4 years and 6 months or both, is guilty of a Class I felony and shall be liable to the state for the costs of prosecution.

AB1-ASA1, s. 273 Section 273. 102.835 (18) of the statutes is amended to read:

AB1-ASA1,157,18 102.835 (18) Restriction on employment penalties by reason of levy. No employer may discharge or otherwise discriminate with respect to the terms and conditions of employment against any employee by reason of the fact that his or her earnings have been subject to levy for any one levy or because of compliance with any provision of this section. Whoever wilfully violates this subsection may be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.

AB1-ASA1, s. 274 Section 274. 102.85 (3) of the statutes is amended to read:

AB1-ASA1,157,22 102.85 (3) An employer who violates an order to cease operations under s. 102.28 (4) may be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.

AB1-ASA1, s. 275 Section 275. 108.225 (11) of the statutes is amended to read:

AB1-ASA1,158,4 108.225 (11) Evasion. Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized under this section with intent to evade or defeat the assessment or collection of any debt may be fined not more than $5,000 or imprisoned for not more than 4 years and 6 months or both, is guilty of a Class I felony and shall be liable to the state for the costs of prosecution.

AB1-ASA1, s. 276 Section 276. 108.225 (18) of the statutes is amended to read:

AB1-ASA1,158,11 108.225 (18) Restriction on employment penalties by reason of levy. No employer may discharge or otherwise discriminate with respect to the terms and conditions of employment against any employee by reason of the fact that his or her earnings have been subject to levy for any one levy or because of compliance with any provision of this section. Whoever wilfully violates this subsection may be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.

AB1-ASA1, s. 276m Section 276m. 109.09 (2) (c) of the statutes is amended to read:

AB1-ASA1,158,22 109.09 (2) (c) A lien under par. (a) takes precedence over all other debts, judgments, decrees, liens, or mortgages against the employer, except a lien of a financial institution, as defined in s. 69.30 (1) (b), that originates before the lien under par. (a) takes effect or a lien under s. 292.31 (8) (i) or 292.81, regardless of whether those other debts, judgments, decrees, liens, or mortgages originate before or after the lien under par. (a) takes effect. A lien under par. (a) may be enforced in the manner provided in ss. 779.09 to 779.12, 779.20, and 779.21, insofar as those provisions are applicable. The lien ceases to exist if the department of workforce development or the employee does not bring an action to enforce the lien within the period prescribed in s. 893.44 for the underlying wage claim.

AB1-ASA1, s. 277 Section 277. 110.07 (5) (a) of the statutes is amended to read:

AB1-ASA1,159,3 110.07 (5) (a) In this subsection, "bulletproof garment" has the meaning given in s. 939.64 (1) means a vest or other garment designed, redesigned, or adapted to prevent bullets from penetrating through the garment.

AB1-ASA1, s. 278 Section 278. 114.20 (18) (c) of the statutes is amended to read:

AB1-ASA1,159,9 114.20 (18) (c) Any person who knowingly makes a false statement in any application or in any other document required to be filed with the department, or who knowingly foregoes the submission of any application, document, or any registration certificate or transfer shall be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB1-ASA1, s. 280 Section 280. 115.31 (2g) of the statutes is amended to read:

AB1-ASA1,159,17 115.31 (2g) Notwithstanding subch. II of ch. 111, the state superintendent shall revoke a license granted by the state superintendent, without a hearing, if the licensee is convicted of any Class A, B, C, or D felony under ch. 940 or 948, except ss. 940.08 and 940.205, for a violation that occurs on or after September 12, 1991, or any Class E, F, G, or H felony under ch. 940 or 948, except ss. 940.08 and 940.205, for a violation that occurs on or after the effective date of this subsection .... [revisor inserts date].

AB1-ASA1, s. 281 Section 281. 118.19 (4) (a) of the statutes is amended to read:

AB1-ASA1,160,3 118.19 (4) (a) Notwithstanding subch. II of ch. 111, the state superintendent may not grant a license, for 6 years following the date of the conviction, to any person who has been convicted of any Class A, B, C, or D felony under ch. 940 or 948, except ss. 940.08 and 940.205, or of an equivalent crime in another state or country, for a violation that occurs on or after September 12, 1991, for 6 years following the date of the conviction, and or any Class E, F, G, or H felony under ch. 940 or 948, except ss. 940.08 and 940.205, for a violation that occurs on or after the effective date of this paragraph .... [revisor inserts date]. The state superintendent may grant the license only if the person establishes by clear and convincing evidence that he or she is entitled to the license.

AB1-ASA1, s. 282 Section 282. 118.30 (1m) (d) of the statutes is amended to read:

AB1-ASA1,160,11 118.30 (1m) (d) If the school board operates high school grades, beginning in the 2002-03 2004-05 school year administer the high school graduation examination adopted by the school board under sub. (1g) (b) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 11th and 12th grades. The school board shall administer the examination at least twice each school year and may administer the examination only to pupils enrolled in the 11th and 12th grades.

AB1-ASA1, s. 283 Section 283. 118.30 (1r) (d) of the statutes is amended to read:

AB1-ASA1,160,18 118.30 (1r) (d) If the charter school operates high school grades, beginning in the 2002-03 2004-05 school year, administer the high school graduation examination adopted by the operator of the charter school under sub. (1g) (b) to all pupils enrolled in the 11th and 12th grades in the charter school. The operator of the charter school shall administer the examination at least twice each school year and may administer the examination only to pupils enrolled in the 11th and 12th grades.

AB1-ASA1, s. 284 Section 284. 118.33 (1) (f) of the statutes is amended to read:

AB1-ASA1,161,2 118.33 (1) (f) 1. By September 1, 2002 2004, each school board operating high school grades shall develop a written policy specifying criteria for granting a high school diploma that are in addition to the requirements under par. (a). The criteria shall include the pupil's score on the examination administered under s. 118.30 (1m) (d), the pupil's academic performance, and the recommendations of teachers. Except as provided in subd. 2., the criteria apply to pupils enrolled in charter schools located in the school district.

AB1-ASA1,161,7 2. By September 1, 2002 2004, each operator of a charter school under s. 118.40 (2r) that operates high school grades shall develop a policy specifying criteria for granting a high school diploma. The criteria shall include the pupil's score on the examination administered under s. 118.30 (1r) (d), the pupil's academic performance, and the recommendations of teachers.

AB1-ASA1,161,11 3. Beginning on September 1, 2003 2005, neither a school board nor an operator of a charter school under s. 118.40 (2r) may grant a high school diploma to any pupil unless the pupil has satisfied the criteria specified in the school board's or charter school's policy under subd. 1. or 2.

AB1-ASA1, s. 284m Section 284m. 121.05 (1) (a) 13. of the statutes is created to read:

AB1-ASA1,161,13 121.05 (1) (a) 13. Pupils attending the Youth Challenge program under s. 21.26.